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Letters to the Editor
The Oak Ridger, July 5, 2000Thompson blasted on sick worker bill
The recent Senate floor amendment by Sen. Thompson does not meet the reasonable expectations of sick Oak Ridge workers and residents for meaningful compensation legislation. On June 10, by e-mail, I asked Sen. Thompson 50 questions about it: I have not received any substantive response.
Sadly, U.S. Sen. Fred Dalton Thompson, on advice from DOE, passed an inept compensation bill, Senate Amendment 3250 to S.2549 does not pass the laugh test. http://www.downwinders.org/victims.html
Sen. Thompson has staged a farce for his colleagues and the American people. The Thompson-DOE amendment does not meet minimum standards of due process -- set in black lung compensation -- as discussed by Oak Ridge lawyer Gene Joyce in his columns. Sen. Thompson has dashed reasonable expectations of probity of the sick workers and residents.
The Thompson-DOE amendment does not require:
1. Coverage of all sick workers and residents hurt by DOE toxicants.
2. Full funding of lifetime compensation and medical benefits by making the polluters pay.
3. Open public hearings with testimony under oath before independent DOL administrative law judges, as provided for black lung claims (instead, the Thompson amendment uses government doctors to decide claims).
4. Subpoena power and easy access to documents and answers from DOE and contractor managers (incredibly, Thompson amendment requires a separate federal court lawsuit to force discovery, after first waiting 180 days!).
5. Appeals to the DOL Benefits Review Board and judicial review by the Court of Appeals, as provided for black lung and longshore workers' compensation claims.
6. Strict action-forcing deadlines for government action, with claims being granted if the government waits too long.
7. Payment of full reasonable attorney fees, expert witness fees and other litigation expenses at market rates and a ban on attorney solicitation and percentage contingency fees, as in black lung (instead, attorneys would be free to charge contingency fees, reducing the $200,000 lump sum to as little as $100,000 after expenses).
8. An end to the Federal Tort Claims Act discretionary function exemption for ultrahazardous activities, preserving worker rights to sue.
9. Coverage for genetic injuries to spouses, families, children and grandchildren of workers and for injuries caused by dangerous chemicals and heavy metals like cyanide, mercury and hydrogen fluoride.
10. Independence of the Department of Energy in deciding compensation and independent lifetime medical care and research, free of influence by DOE and its contractors.
Rather than a fitting memorial to sick workers and residents whose suffering made the Cold War victory possible, Sen. Thompson's bill is a snare and a delusion, guaranteed to result in denials and delays.
Just what does Sen. Thompson think his weak DOE-drafted amendment is going to accomplish? Is his intention to pass a reform that is not worthy of the word? How many sick workers does Sen. Thompson really think will be compensated under this restrictive bill?
Why does Sen. Thompson think that U.S. government doctors lacking in independence could fairly decide cases? He must not remember the Reagan administration's efforts to pressure independent Social Security Administration administrative law judges to deny benefits, sending SSA judges those who found too many workers disabled to what Rep. Barney Frank called "remedial judging school."
In one of my favorite movies, "The Hunt for Red October," a U.S. Navy admiral (portrayed by none other than veteran character actor Fred Dalton Thompson) said (I must paraphrase): "The Russians don't (go to the bathroom) without a plan." What is Sen. Thompson's plan in fronting for and passing such a monstrous piece of DOE-drafted legislation and acting like it is progress?
Sen. Thompson's fatally flawed floor amendment shows no character and makes it appear that Sen. Thompson was indeed acting when he promised to help DOE's victims. If the devil is in the details, then the Thompson Amendment is an energumen: it will not silence the victims or meet their needs.
The U.S. House of Representatives and House-Senate conference committee must devise a just compensation system to cover all victims with full benefits, making polluters pay. We don't need another farce, written and run by the same DOE that created the ultrahazardous facilities and covered them up for nearly six decades.
Edward A. Slavin Jr.
Box 3084
St. Augustine, FL 32085-3084